Terms and Conditions
POINT-2 EQUINE LIMITED - TERMS AND CONDITIONS
These terms and conditions apply to all sales of the Point Two Air Jacket and any other goods or items by POINT-2 EQUINE LIMITED, (Company No. 06665386) SOLO HOUSE, THE COURTYARD, LONDON ROAD, HORSHAM, WEST SUSSEX, UNITED KINGDOM, RH12 1AT trading as Point Two (“Point Two”).
Horse riding and motor cycle / quad bike riding are extremely hazardous sports and activities. Death or injury can occur. No Air Jacket can or will protect the user against all injury or death and the Air Jacket does not come with any warranty or representations that it will protect the user against injury or death. The user of the Air Jacket assumes these risks.
Due to the pressure applied to the mid and upper body following inflation of the Air Jacket, it should not be used by anyone who is 18 weeks or more pregnant. Inflation of the Air Jacket may cause complications to the pregnancy or damage to the unborn child.
If you are pregnant, your must always consult your doctor prior to using the Air Jacket.
These terms contain a non-exhaustive list of inspection, safety, storage and maintenance instructions relating to the Air Jacket. A more detailed list of these instructions and recommendations is contained in the relevant “User Guide” which accompanied the purchase of the Air Jacket and a copy of which is available at www.pointtwoairvests.com. This User Guide must be read in conjunction with the terms and conditions and prior to use of the Air Jacket. If you have any questions or concerns about the Air Jacket or the information contained in the User Guide, please contact us by telephone on (888)729-4442 or via email at email@example.com.
1. Interpretation and Application
In these terms and conditions, the following definitions shall apply:
“Buyer” shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/buyer unless specified as relating to a trade buyer or consumer buyer individually.
“Goods” or “equipment” shall mean the Air Jacket and / or any other item(s) detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
“Price” shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Buyers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
"Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
These conditions shall apply to all of Point Two's quotations and contracts, orders (including telephone and internet orders) for the sale or supply of Goods accepted by Point Two. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon Point Two. For the buyer, additional conditions shall only be binding upon Point Two if confirmed in writing by Point Two.
Point Two reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with Point Two.
2. Limitations Upon Liability
2.1 The Air Jacket is classified as a horse riding or a motor cycle /quad bike Air Jacket.
Each Air Jacket has not been designed for use in any other kind of sport or activity and therefore we cannot recommend its use in any other sport or activity where there is a potential for fall, impact or injury.
2.2 Structural or cosmetic changes are not permitted to the Air Jacket due to the possibility of damage to the internal inflation element.
2.3 Do not alter or modify the structure of the Air Jacket or any of its component parts. Alteration or modification of the Air Jacket in any way will void all warranties relating to the Air Jacket due to the risk that the Air Jacket’s capabilities may be impaired.
2.4 WARNING: do not apply stickers or paint to the Air Jacket which contain substances that may affect the strength of the Air Jacket.
2.5 Where modifications or alterations to goods have been made, or where the Air Jacket or accessories have been poorly maintained, Point Two shall accept no liability for death or personal injury unless caused directly by its own negligence.
2.6 No liability is accepted by Point Two where buyers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
2.7 Advice given by agents or servants of Point Two during telephone/Internet orders is based entirely upon information given by the buyer. Where advice is given after a visual inspection by agents or servants of Point Two, such advice shall amount to an opinion only and Point Two shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put.
2.8 Where goods purchased by the buyer are alleged to be defective, the buyer agrees to return such goods to Point Two for inspection and report (without Point Two replacing the said goods prior to such inspection). The buyer further confirms that it shall be reasonable for Point Two to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The buyer also accepts that it is reasonable to inform Point Two of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow Point Two to remedy the defect, failure or interruption.
2.9 The effectiveness of the Air Jacket may be dependent upon local use and storage conditions and will be affected by the following non exhaustive causes:-
- Chemical Contamination
- Heat Contamination (above normal climatic conditions)
- Mechanical Deformation & / or Distortion
- General Wear
- Heavy & / or continuous use
2.10 Point Two accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of Point Two, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
2.11 Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
3. Fitting and Use
3.1 For best results, you must choose an Air Jacket size that fits your upper body. To determine correct fit, check with us or an authorized seller of the Air Jacket.
3.2 It is the user’s responsibility to ensure that he/she understands the correct and safe use of this Air Jacket. Prior to use, you must read the User Guide that was issued with this Air Jacket and the user must ensure that all maintenance, safety, inspection and storage instructions contained therein are followed explicitly.
3.3 Point Two accepts no responsibility or liability for any improper installation or usage of any of its products.
After any necessary light and non abrasive cleaning, store unpacked, on a clothes hanger if possible, in a cool, dry, dark place in a chemically neutral environment away from excessive heat or heat sources, high humidity, sharp edges, corrosives or other possible causes of damage. Do not store wet.
5. Payment Terms
Please note: All Website and Mail Order payments may be taken in full at the point of purchase regardless of stock.
6. Title and Delivery
6.1 Title to the product shall not pass to the buyer until Point Two has received payment in full completing the contract. In the event that sums owing in respect of other items ordered within contract remain due, apportionment by Point Two shall take place without prejudice to the right to retain title in respect of all goods ordered.
6.2 All times given for despatch or delivery are approximate and time shall not be of the essence. In any event, delivery times are approximate and variable. When delivery is effected to the buyer directly or to an independent delivery contractor as agent for the buyer, risk shall pass to the buyer immediately.
6.3 The buyer is required to notify Point Two, in writing, of any shortage, miss delivery or other discrepancy immediately, or at the latest within five days of such failure, thereafter the buyer shall be liable for any such discrepancy. Where delivery is effected to the buyer’s own delivery contractor, loss or damage in transit claims should be made directly to the carrier. Point Two will assist buyers in making their claim. Buyers should retain all packaging in the event of a claim or return within the terms of this agreement.
7. Cancellation of Orders and Liability
7.1 A consumer buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within fourteen working days from the day after delivery of the goods.
7.2 Cancellation of a contract made directly with Point Two can be effected by service of a Cancellation Notice signed on behalf of the buyer and delivered either by e-mail to firstname.lastname@example.org, by fax to 888-729-4442 or by first class post to Point Two's office as shown on the web site.
7.3 If a Notice of Cancellation is received by Point Two in accordance the buyer shall become liable to return the goods to Point Two forthwith, to such address as directed by Point Two preferably in their original packaging (and without having been used, and in fully re-saleable condition) and at the buyer's sole expense.
7.4 If the buyer fails to return the goods within 14 days of the cancellation of the contract, Point Two shall be entitled to collect the goods from the buyer and to recover any direct costs involved in such collection from the buyer.
7.5 Point Two shall effect a refund of any monies owing to the buyer in respect of the goods within 30 days from the date of cancellation of the contract. Such a refund will be subject to any set of monies to which Point Two is otherwise entitled.
7.6 Goods delivered to the buyer may be returned to Point Two preferably in original packaging (packaging must be adequate for returning by post etc) and without being installed or used for credit within 3 business days from the day after delivery of the goods. A 20% restocking fee will apply to returns after 3 business days from receiving the item.
7.7 The buyer confirms that he/she shall comply with the User Guide relating to usage of the product concerned and fully accepts that any loss which results from forced, misdirected, inappropriate or unqualified usage shall not be accepted by Point Two.
7.8 Point Two does not accept returns after 14 days or if product is not in original condition. No refund will be given.
7.9 Point Two does not accept returns on upgrade orders. Vests submitted for upgrade are destroyed and can not be returned.
This agreement shall be interpreted in accordance with English Law and industry custom and practice, and English courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales by Point Two, the jurisdiction or the agreement shall be with English Law and it shall be deemed that any agreement is made at the contact address of Point Two as stated on the web site, irrespective of any rule of contract dictating otherwise.
9.1 PLEASE NOTE: Point Two values your privacy, and therefore shall not disclose information to third parties. Cookies are used on this shopping site only to keep track of the contents of your shopping cart once you have selected an item, and to store delivery addresses when you register. There is an option to store a cookie on the PC when you first register.
9.2 When you pay for goods your details are passed through our payment service provider system purely for payment processing and anti-fraud purposes, for your protection.
9.3 We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Act 1998 . We will collect any information given at the time of the ordering process only to enable us to input and process your order.
9.4 We will not e-mail you in the future unless you have given us your consent. If you wish to be deleted from our mailing list at any time please follow the unsubscribe link at the bottom of the email or contact us at ‘email@example.com’.
10.1 This website has been prepared solely on the information supplied by the contributors and manufacturers. Its accuracy cannot be guaranteed. The publishers and their production team cannot accept liability for inaccuracies, errors or omissions in such information howsoever arising. Prices are correct at the time of submission to the site, excluding genuine mistakes.
10.2 Specifications are advised by the manufacturer, and are subject to change by the manufacturer at any time.
Air Vest Notice, Disclaimer & Warning
Point Two Air Vests USA, LLC, Point Two, Ltd., and their respective parent companies, subsidiaries, members, owners, officers, directors, employees, independent contractors, affiliates, and assigns, are collectively referred to in this Notice, Disclaimer & Warning as “Point Two”)
All equestrian sports are inherently dangerous and involve the risk of serious injury or death. Riders using Point Two products ride at their own risk with full knowledge of the hazards and risks associated with their activities. Point Two air vests, and their attachments and associated products, are designed for equestrian use only. Point Two products cannot offer complete protection from injury or death to riders in case of fall, collision, impact, loss of control or otherwise. Point Two products cannot protect areas of the body that are not covered. Point Two products offer no protection against injuries involving forces other than impact.
Notice: Point Two products must fit properly and the connecting lanyard must be attached for the air bag to properly deploy in the event of a fall. Point Two air jackets that suffer an impact should be examined and, if necessary, serviced by Point Two. The protective qualities of the Point Two air vest may be compromised by prior impact, use, and many common substances. Always follow the manufacturer’s recommendations before applying cleaning agents, adhesives, or any other object to the Point Two air vest.
Point Two disclaims any responsibility for injuries or death incurred while wearing any of the Point Two products. Representations regarding testing results, equipment ratings, product specifications, and the adequacy of all such standards and designations are made solely by Point Two and therefore Point Two does not warrant or confirm the representations of any other distributor, sales representative, retailer, or any other person or entity. Point Two does not guarantee the deployment of the Point Two air vest in all falls, impacts, or other incidents. By purchasing any of the Point Two products offered for sale and using it in an equestrian sport, the purchaser and user agree freely and voluntarily to assume all risks related to equestrian sports including the risk of personal injury, damage, death or property damage. Further, to the maximum extent permitted by law, the purchaser and user releases Point Two from any and all responsibility or legal liability related to purchaser’s and user’s participation in equestrian sports.